SW8921108_Historical File_19940415

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STATE OF NOR2'Ff17 OLINA 9 9 2 08 AMENDMENT TO ECLARATION OF
' RESTRICTIO OF MEADOWBROOK
COUNTY OF NEW HANOVER SUBDIVIS , SECTION 4
THIS AMENDMENT TO DECLARATION, made this 15th day of
April, 1994, by Landmark Developers, Inc,., a North Carolina
corporation, hereinafter referred to as the "DEVELOPER";
W I T N E S S T H-
OQ� �• 2 WHEREAS, DEVELOPER heretofore executed a Declaration of
estrictions, Section 4, Meadowbrook.and causedthe same to be
recorded in Book 1707, Page 450, New Hanover County Registry
(hereinafter "DECLARATION"); and
ti WHEREAS, the DECLARATION was recorded. with' respect to
v
3. Meadowbrook Subdivision, Section 4 as shown and depicted on that
a
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0 >1 map recorded in Map Book 33, Page 162, New Hanover County Registry;
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a�i a and
,a OW049 WHEREAS, DEVELOPER desires to amend and replace the
o DECLARATION pursuant to paragraph 2.0 of the DECLARATION; and
g WHEREAS, DEVELOPER desires to subject the property shown
0
to toon that map recorded in Map Book 33, Page 162, and in Map Book 33,
o Page 342, both of the New Hanover County Registry to certain
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•N . protective covenants, conditions, restrictions, liens and charges
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a H as hereinafter set forth for the mutual benefit of DEVELOPER and
41 o succeeding property owners and desires that said covenants,
o•� conditions, restrictions, liens and charges run with the land and
me
,� 1 be binding upon the DEVELOPER, its successors and assigns;
3
ro ,c w NOW, THEREFORE, the DECLARATION recorded in Book 1707,
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44 c Page 450, New Hanover County Registry is hereby amended by deleting
0.2
E m it in its entirety and substituting' in lieu thereof the following
a) W0 restrictions -(hereinafter "RESTRICTIONS"), and the DEVELOPER hereby.
4J'IC declares that all of'the property described above shall beheld,
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y sold, eand conveyed subject to the following easements, restric-
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uu � tions, covenants and conditions, all of which.are for the purpose
°40
04 of .enhancing and protecting.the value, desirability and attractive-
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Hess of .the real property and. which shall run'with the real
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o w property and shall:be,biadin all
u,x g on parties having or acquiring
4J o H any right, title
yI►,or interest in the described property or any part
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ti U o thereof, and•:,.4hall inure, to the benefit. of each Owner thereof.
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1833 0880
ARTICLE I NEW HANOVEP, CO. NC,
BOOK PAGE
q9G DEFINITIONS '94 RPR 26 PPI 48a
1 7 6 7 Ack%n 1: "Association" shall mean and refer to
Meadowbrook Property Owners Association Inc.
a
North Carolina non-profit corporation, its successors and assigns.
Section 2: "Board of Directors" or "Board' means those
persons elected or appointed and acting collectively as the
Directors of the Association.
Section 3: "Building" shall mean and refer to a home and
associate garage constructed or erected on a Lot shown upon a
recorded map of the property.
Sect_ i_ on 4: "By -Laws" shall mean the by-laws of the
Association as they now or may hereafter exist.
Section 5: "Home" shall mean and refer to a detached,
free-standing dwelling or place of residence and attached or
detached garage constructed upon a Lot within the property.
Section 6: "Common area" shall mean and refer to all
land within the Meadowbrook Subdivision owned by the Association,
along with facilities and improvements erected or constructed
thereon, for the exclusive use and enjoyment of the members of the
Association as shown on that map recorded in Map Book 33, at Page
342, of the New Hanover County Registry or any subsequent maps
thereof recorded in the New Hanover County Registry; in addition,
.subdivision sion(s), landscaping and fending located at the
entrance to Meadowbrook Subdivision are declared to be common area.
Additional common area may be annexed or "phased" into the
subdivision as hereinafter provided.
Section 7: "Coinmon expenses" shall mean and include:
(a) All sums lawfully assessed by the Association
against its members;
(b) Expenses of administration, maintenance, repair or
replacement of the common areas:
(c) Expenses declared to be common expenses by the
provisions of these Restrictions or the By -Laws and the stormwater
system;
2

BOOK PACE
1767 0994 1833 0881
(d) Liability of such other insurance premiums as the
Restrictions or By -Laws may require the Association to purchase;
(e) Expenses agreed by the members to be common expenses
of the Association;. .`
(f) Any ad valorem taxes and public assessments levied
against the Comaiton Area.
L Section 8: "Common profits —shall mean and refer to they
balance of all income, rents, profits and revenues of the
Association remaining after the deduction of the. common expenses or
reserve therefore Cojmmean profits shall not mean or include any
sums lawfully assessed against members by the Assobiation.
Section 9: "DEVELOPER" shall mean and refer to Landmark
Developers, Inc., a North Carolina corporation, its successors and
assigns to whom the rights of DEVELOPER are expressly transferred,
or if such successors or assigns should acquire more than one,
undeveloped lot or undeveloped acreage for the purpose of,
development, or acquire title to the property under a deed in lieu`
of foreclosure, judtci.al foreclnsurP, or foreclosure under power of.
sale contained in any deed of trust or one otherwise denominated a
"Developer" hereby shall be deemed DEVELOPER.
Section 10: "Lot" shall mean and refer to any plot of
land, other than the common area, which is subject to these
Restrictions and is shown on a recorded subdivision map and upon
which a home has been or may be constructed.
Section 11: "Member" shall mean and refer to every
person who is a member of the Association.
Section 12: "Owner" shall mean and refer to the record
owner, whether one or more persons or entities, of a fee simple
title to any Lot which is a part of the property, including
contract sellers, but excluding those who have such interests
merely as security for the performance of an obligation.
Section 13: "Person" shall mean and refer to an
individual, corporation, partnership, association, trustee or other
legal entity.
3

Goon, iAUL -.,z
I83
1767 0995 3882
Section 14: "Property" shall mean and refer to that
certain real property shown on that plat referred to above and any
other real property which is made subject to these Restrictions.
Section 15: "Subdivision" means all of that real
property known collectively as Meadowbrook Subdivision, Section 4
and all real property which may be subject to these restrictions in
l f
the future. /b_. /; .•, �,�..- E, - .
ARTICLE II
ANNEXATION OF ADDITIONAL PROPERTIES
k
Section 1: Except as provided in Section 2 and 3; belDw,
anhexation of additional property shall require the assent of two-
thirds (2/3) of the Class A members and two-thirds (2/3) of the
Class B Members, if any, at a meeting duly called for this purpose,
written notice of which shall be sent to all members not less than
thirty (30) days nor more than sixty (60) days in advance of the
meeting. .
Section 2: If the DEVELOPER, its successors or assigns,
shall develop all or any portion of - any land contiguous to or
within one mile from the property which is subject to the
Restrictions, such additional tract or tracts may be annexed to
said Properties without the assent of.the Class A members, provided
however, the development of the additional tract(s) described in
this section shall be in accordance with the same general scheme of
development,as Section 4, Meadowbrook Subdivision.. -
l Section 3: The rights of DEVELOPER reserved in Section
2 above shall expire automatically on January 1, 1999„ if not
exercised prior thereto.
:ARTICLE III
PROPERTY RIGHTS
Section 1: Owner's Easements of Enjoyment: Every Owner
shall have a right and easement of enjoyment in and to the common
area which shall be appurtenant to and shall pass with the title to
every assessed Lot, subject to each of the following provisions;
(a) The right of the Association to formulate, publishr
and enforce rules and regulations as provided in Article VI.f
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.,VV
1767 0996 ��"
(b) The right of the Association, in accordance with oits 8 3
Articles and By -Laws, to borrow money for .the purpose of improving
the common area and facilities and carrying out its maintenance
responsibilities and in aid thereof to mortgage said property, and
the rights Of such mortgagee in said properties shall be
subordinate to the rights of the Lot Owners hereunder.
(d) The right of the Association to suspend the voting
rights and rights to use of the Common .Area and facilities by a
member, or any person to whom he has delegated his voting right,
for any period during which any assessment against his lot remains
unpaid; and for a period not to exceed sixty (60) days for an
infraction of its published rules and regulations;
(e) Easements as provided in,ARTICLE VII hereof.
Section 2: Delecation of Use Any Owner may delegate,
in accordance with the By -Laws, his right or enjoyment of the
common area to the members of his family, his tenants, or contract
purchasers,, provided, every such delegee shall reside on the
property.
Section 3: Title to Common Area: The DEVELOPER hereby
covenants for itself, its successors and assigns, that it will
convey fee simple title to the. common area'located as shown upon
the map recorded in Map Book 33, Page 342, New Hanover County
Registry or as shown on any subsequently recorded map, to the
Association, free and clear of all liens and encumbrances, at the
time of or prior to, the conveyance of the first lot in each
respective section,: except utility and drainage easements and,
easements to governmental authorities, upon condition that sucht,
area as shall be designated "common area" and shall be for the sole -
and exclusive use and benefit of members,,so long as such area is
maintained in conformity with the requirements of these
Restrictions, the By -Laws, and the Articles of Incorporation of the'
Association, at the sole expense of the Association, subject_,
however, to'easements described.in ARTICLE VII'.
Similarly, the DEVELOPER will conveytothe Association,
upon the same conditions and for the same uses and purposes, common
5

pUv
1767 0997
areas which are parts of any additional phases of the property
developed by it in the future.
ARTICLE IV BOOT( ?AGE
ASSOCIATION ? 8 3 3 n R R U
Section 1: Membership: Every person who is record Owner
Of a fee or undivided fee interest in any Lot which is subject by
covenants of record to assessment by the Association, including
contract sellers, but excluding persons who hold an interest merely
as security for the performance of any obligations, shall be a
member of the Association. :Any person who owns a lot in Se tic
1, 2 or 3 of Me-adowbrook Subdivision may become a member of the s
ASSOCIATION by signing and recording an instrument subjecting his.
Lot to the terms and conditions of these Restrictions.-.- Ownership
of such interest shall be the sole qualification for such
membership; there shall be only one vote per Lot in such
Association. Membership shall be appurtenant to and may not be
separated from ownership of any Lot which is subject to assessment
and these Restrictions. The Board of Directors may make reasonable
rules regarding proof of ownership..
Section 2: VOTING RIGHTS:
Class "A". Class A members shall be all Owners with
the exception of the DEVELOPER and shall be entitled to one vote
for each Lot owned. When more than one person holds an interest in
any Lot, all such persons shall be members. The vote for such Lot
shall be exercised as they among themselves determine, but,i4'no
event shall more than one (1) vote be cast with respect �to'any Lot.
Class "B". Class B member(s) shall be.the. DEVELOPER
and sham be entitled to three (3) votes for each Lot..owned. The
Class B membership shall cease and be converted to Class A
membership on the happening of either of the following events,
whichever occurs earlier:
1. when• the DEVELOPR..,owns twenty-five percent
f (25%) or less of the residential lots in the
r
subdivision, including any property which may
be annexed to the subdivision, or
6
.. C

1833 0885
2. on January 1, 1999. BOOK PAGE
Section 3: COVENANT FOR ASSESSMENTS: 1 7 6 7 0 9 9 i
(a) Creation of the Lien and Personal Obligation of
Assessments: Every Owner of any Lot by acceptance of a deed
therefore, whether or not it shall be so expressed in any such deed
or other conveyance, and every other Owner of any Lot which is made
subject to the terms and conditions of these Restrictions, is
deemed to covenant and agree to pay to the Association:
(a) Annual assessments or charges;
(b) Special assessments for capital improve-
ments.
Such assessments shall be fixed, established and
collected from time to time as hereinafter provided.
The. annual and special assessments, together with such
interest thereon,. costs of collection thereof, and reasonable
attorneys fees as may be established by the Association, shall be
a charge on the land and shall be a continuing lien upon the Lot
and improvements against which each such assessment is made. Each
such assessment, together with such interest and costs and
reasonable attorney.'s fees, shall also be the personal obligat bm
of the person who was the Owner .of the Lot .at the time th'e
assessment became due. The personal obligations of an Owner for
delinquent assessments shall not pass"to his successors in title
unless expressly assumed by them and then only with the consent of.
the Assoaiationi: All assessments shall be shared equally by they
.Owners of each lot.
(b). Purpose of Assessments: The assessments levied
by the ASSOCIATION shall be used exclusively foi promoting' the
health, safety and welfare of the residents and the, property;
enforcing these covenants and the rules of the Association;
providing the services and facilities for the purposes of or
related. to the maintenance, use and enjoyment of the common area
and facilities for the purposes of payment of common expenses; and.
managing, repairing., maintaining and replacing the stormwater
7

1833 0886 1767 0999
system, subdivision sign(s), and landscaping and fencing located at
the entrance to the property.
(c) Amount of Annual Assessment:
(1) Initial Annual Assessment: The initial
annual assessment shall be FIFTEEN AND 00/100 ($15.00) DOLLARS per
Lot, the exact amount of which shall be determined from time as
provided in this Subsection.
(2) Increase by Association: From and after
the date specified ih subparagraph (a) above, the maximum annual
assessment may be increased effective January 1 cf each year by the
Board of ' Directors, without a vote -of- 'tire -membership, by a
percentage which may not exceed twen'Ey-(20%) percent.
`(3) Increase by members`e' From and after the
date specified in subparagraph (1) above, the annual assessment mey
be increased by an affirmative vote of a majority of the members
who are in. person or by proxy, at a meeting duly called for such
purpose, written notice of which, setting forth the purpose of the
meeting, shall be sent to all members not less than thirty (30)
days nor_more than sixty (60)-days in advance of the meeting.
(4) Criteria for Establishina Annual
Assessment: Its proposing the annual assessment for any assessment
year, the Board of Directors shall consider all current costs and
expeases,;.of the Association, any accrued debts, and reserves for.
future needs..
(5) Lots Owned by DEVELOPER: DEVELOPER shall
,be exempt from the payment of the annual assessment for any unsold
Lots for a period of two years after the date such Lots are platted
of record in the Office of -,,the Register of Deeds of New Hanover
County as Lots in Meadowbrook Subdivision. Upon the expiration of
two years from the date of recordati.on.of said plat or plats, the
obligations of the DEVELOPER to pay the pro rata share of the
annual assessment of the year remaining shall be due, and accrual
of the obligation to pay assessments to the Association shall not
begin until that date.
8

1767 loco BOOK
(d) Special Assessments tor PACE
_ Ca .iLa v. vements:
In addition to the annual assessments authorized above, the
7
Association may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defraying, in whole
or in part, the costs of construction or reconstruction, unexpected
repairs, or replacement of a described capital improvement upon the
common area, including the necessary fixtures and personal property
related thereto, provided that any such assessment shall have the
assent of a majority of the votes of the members who are voting in
person or by proxy at a meeting duly called for this purpose,
written notice of which, setting forth the purpose of the meeting,
shall be sent to all members not less than thirty (30) days nor
more than sixty (60) days in advance of the meeting.
(e) Uniform Rate of Assessment: Both annual and
special assessments must be„fixed at -a uniform rate for all Lots,
on a per Lot, basis, and may be collected on a monthly, quarterly or
annual,"basis as determined by the Board of. Directors-.
(f) Date of Commencement of Annual Assessment: Due
Dates: The annual assessments provided for herein shall be paid in
monthly, quarterly or annual installments and the payment of such
shall commence as to each Lot on January 1, 1994. The Board of
Directors shall fix the amount of the annual assessment against
each Lot at least two (2) months in advance of each annual
assessment period.' Written notice of the annual assessment shall�d
be sent to every owner subject thereto thirty (30) days in advance
of each annual assessment. The due dates shall be established by
the Board of Directors. The Association., upon demand at any time,
shall furnish a certificate in writing signed by an officer of the
Association setting forth whether the assessments on a specified
f,
Lot have been paid. . A properly, executed certificate of the
Associations as to the status of assessments on a Lot is binding
upon the Association as of the date of its issuance. J y F
(g) Effect of Nonpayment of Assessments Remedies.;#
of the Association: Any assessments --or portiMT thereof which are
not paid when due shall be delinquent. If the assessment or any
9

BOOK FACE BOOPACE
K
1_B33 0888 1767 10 01
portion thereof jz not paid within thirty (30 •aays after the dues
date, the same shall bear interest from -the date of delinquency at
the rate of twelva.percent (128),per annum'and in addition, a late
s
fee shall...be assessed'ln such amount:.ds may be determined by the
Board. of Directors, 'With the initial late fee being S5 tl0. The
Association may, bringan action'' against the Owner- personally;
6 tA
ob,li ated, to
„9 pay the same, or,., foreclose the lien against th'e
property,;, and, .in "either event,. interest,. costs and reasonably
attorney's fees :of any such action shall. be added to'the amount',o IV
- at
such assessment No Owner may waive or otherwise escape liability
for the assessment provided for herein by non-use of the common
area or abandonment of his Lot.
(h) Subordination of the Lien to Mortaaoes and Ad
Valorem Taxes: The'lien' bf the assessments provided for herein ori4
any Lot shall be subordinate to the lien'of--any first mortgage and'
ad .vs:iorem taxes on each LoU The sale or transfer of any Lot
shall not affect the assessment liens)h .WeVer7 the sale or transfer-
.'°
.of any Lot pursuant to such mortgage foreclosure or any proceeding
in lieu thereof, shall extinguish the, "lien of such assessments as �
to payments which became due prior to such sale or transfer. No
sale or transfer shall relieve such Lot from liability for any 1.
assessments thereafter becoming due or from the lien thereof.
k'
ARTICLE V .
z
MAINTENANCE ;
n
If, in the opinion of the Association or the DEVELOPER,
any Owner shall fail to maintain any Lot owned by him in a manner"�
which. is"reasonably neat _and orderly or, shall fail to .keep'r
improvements constructed thereon.in: a:.state of repair so as not to "
be unsightly; all in the sole .opinion of. the Association or the i
DVEi,OPER,:the.Association in its discretion, by the.'affirmative =
vote.of a majority of the members .of the Board of Directors, or the
DEVEI.QgER-in its discretion, and following. ten (10) days written
notice to the Owner, may enter upon: and make or cause to be made
repairs to such improvements and per Form such. maintenance on the
Lot as:. -'the 'removal of trash,'!, cuttin.g of grass, pruning of
10

1833 0889
1767 1002
shrubbery, weeding and items of erosion control. The Association
shall havean easm.,for thePur purpose
of
, accomplishing the
foregoing.? The reasonable cost incurred b
Y the Association in
rendering all such. services, plus a .service charge of fifteen
P ( ).of such cost, shall be added to and become apart of
the assessment to which such Lot is subject::
ARTICLE VI
USE RESTRICTIONS
Section 1: Rules and Reaulations: The Board of
Directors of the Association shall have the power to formulate,
amend, publish and enforce reasonable rules and regulations
concerning the use and enjoyment of the common area. Thb-
Association shall assume all permit responsibility associatedkith:
the stormwater system and shall also insure compliance with all
applicable laws, ordinances, rules and regulations regarding the
stormwater system. '
Section 2: Use of Property: Each lot, building, the
home thereon and the common area shall be for the following uses
and subject to the following restrictions, and, in addition, to
those set forth in the By -Laws:
(a) All Lots shall be known as single-family residential
lots, and shall be used for residential purposes only.
All building plans and site locations for homes must be
approved prior to construction by DEVELOPER. Construction of any
structure must be completed within twelve (12) months of the
commencement date of such construction. No Lot may be clear cut or
substantially cleared without the express written consent of
DEVELOPER.
The roof of'each home must have a minimum pitch of 6/12,
unless written permission to vary therefrom is first obtained from
DEVELOPER. All roofing colors must be earth tones, such as browns,
blacks or grays'.
(b) Nothing shall be kept and no activity shall be
carried on in any building or home or on the common area which.will
increase the rate of insurance,: applicable to residential use, for
11

aaan taut
1833 0890
the property or the contents thereof. No Owner shall do or keep
anything, nor cause or allow anything to be done or kept, in his
home or on the common area which will result in the cancellation of
insurance on any portion of the property, or the contents thereof,
or which will be in violation of any law, ordinance, or regulation.
No waste shall be committed on any portion of the common area.
(c) No home smaller than 975 square feet of heated floor
space, exclusive of porches, steps, walks, garages, carports,
storage areas, etc., shall be constructed or located on any
building Lot. Provided, that in cases where the area is not more
than ten percent (10%) below the minimum above set out, DEVELOPER,
or its designated agents, may, at their option, approve the
construction of the dwelling if it is in conformity with the
general development of the Subdivision. In computing the number of
square feet allowed as provided herein, no square footage in any
part of the dwelling that is constructed over a garage will be
counted, unless it is on the same utility hookup as the main
dwelling and is a finished part of the' constructed living space.
(d), All lots are subject to the State of North Caroline
rules and .regulations .concerning storm water run off as these rules
t
and regulations are amended from time to'time._ These regulations
;,.
currently provide that each Lot will be restrictea to 2,405.,square .
r'
-e s''
feet of -built upon area, including -.impervious 'surfaces such
t'• `
foundation; structures, drive'
wais-; including that portion of the.
driveway located within a -street right-of-way, which runs from the
�(
property line to the road pavembnt, and walkways' or `
patios of
t`
..brick,.,,stone or slate, and 'marl or stone covered :areas:,not
including wood decking or the water surface of swimming pools:. All
drainage SRi or drainage patterns used to treat sto rmwater run
J
off as required by the State of North Carolina may not be filled
in, piped or changed without the consent of the DEVELOPER its
�+
designee or the State and must be maintained as set forth in
Article VI, Section 2(n). The State of North Carolina'is hereby
made a beneficiary of this Declaration to the extent necessary to
enforce its stormwater run off regulations as the same may be
12

13uuN Ya"` 1 7 6 7 10 0 `f
1833 0891
amended from time to time"'DEVELQPER assigns and transfers. the
permits with the State of North Carolina for stormwater management
to the- Association, including all of -the right, powers, duties and
obligation of the DEVELOPER under the permits. This :paragraph
canriot.be changed or deletedwithout the consent of the State of
North Carolina'.
(e) -No concrete block, concrete brick, asbestos siding,
aluminum siding, cinder block nor tar paper co;nposition shalld be
used for the exterior of any residence constructed on any building
.Lot- herein. -conveyed, it being intended that only conventional
frame, wood, manufactured lap sidings, vinyl, brick, clay brick o=
stuccoexteriors beconstructea on the Lots subject to these
covenants— Paint colors o.n home at the time of closing may not be
changed for five (5) years without the prior approval of DEVELOPEA'
(f) Since the establishment of standard inflexible
building setback lines for location of homes on lots tends to force
construction of houses directly to the side of other homes with
detrimental effects on privacy, view, preservation of important
trees and other vegetation, ecological and related considerations,
no specific setback lines are established by these Restrictions.
In order to assure, however, that the foregoing considerations are
given maximum effect, DEVELOPER reserves the right to control and
approve absolutely the site and location of any house or dwelling
or other structure upon any Lot and a plot plan shall be furnished
to DEVELOPER for approval before construction begins. In any
event, no house shall be erected closer to the front lot line or
nearer to any side line than the minimum distances established by
applicable New Hanover County ordinances.
'(g). No house trailer, mobile home, travel trailer: or
other recreational vehicle, tent, shack or temporary structure of
any nature'shali be located on. any Lot or used. at any time as a
residence, tempgrarily or permanently.
'Any storage building must conform to the paint colors and
building style of themain structure constructed on any Lot..
Construction and placement of said,building on any lot shall be
13

BOOK "PAGE ryy1
1833 0892 1.767 1005
approved by;D£VELOPER, prior to the construction thereof.
8oats_;shall:be kept-- Inside a s orage building or in. the
back yard and not visible.fr-om the street.
o satellite di's,hes or exterior .antennas may be installed
without prior written approval from DEVELOPER.
(h) No fence shall be arart.A ti...a__ _
unless written approval thereof has first been obtained from
DEVELOPER Fences facing or parallel to.the street shall be wood
cons truct3on. ' No fence and no heage- shall be permitted nearer the
front lot. line than the front of'the-house constructed on said Lot
unless approved'.by DEVELOPERt All corner Lots shall be required to
have a fenced area,at least 10'feet by 5 feet in size, in the rear'.
of the house -and att,ached'to. the, rear of the house, within which a'
Shall be.kept.lawn mowers, bicycles, toys, -grills -and other similar:'
stored materials. on 'Lots having buffer fences installed by the.-
DEVELOPER, the Owner. of the Lot upon which the fence is located;'
shall maintain -. thee fence. in its.original condition. All #ences
constructed hereunder. shall be maintained in original condition. +
(i) Modular and prefabricated homes and previously
constructed houses may not be erected or placed on any Lot, without
the express written consent of DEVELOPER.
(j)•.No'advertising signs or billboards shall be erected
on any Lot dr.•displayed to the pubic on any .Lot subject to these
Restrictions,'ekeept.that one sign'of not more•than five square
feet in area may be used to advertise a complete dwelling for sale:.
No "For Sale" signs are allowed on any unimproved Lot. This
covenant shall not apply to signs erected by the DEVELOPER used to
identify and advertise the subdivisinn ae . .-.....,_ __
contractor for an item of work being performed on a given Lot.
(k) No fuel tanks or similar storage receptacles' -may be°
exposed to View,- Any such .receptacies._may be. ins only within
the main dwelling house, within an accessory building, within a
screened area, or buried underground.>s
(1) ,. No •yard sales or garage sales snall be permitted
upon any Lot in this 13evelopment.
14

1833 0893 1767 1006
(m); No noxious or offensive activity shall .be carried on
or zaf; dined anany Lot or part -of. any Lot, Dior s}iall. any use be
made of any portion. of said Lot which, may. be.,.Q= may become .an
-annoyance. or nuisance, td,_the neighborhood.' f7o damesticate?i 'fa=l
animals or fowls shall be raised, bred or kept o' any Lot.','Ijl`thel"
;event yards :are not properly maintained; they shall be cleaned up•
at the Own:er'a.expense.as provided In. Article V }ereln. Unsightly,.:.
ii p$rat,ive, cr unlicensed junk cars and like eyesores cannot be
maintained. on any `Lot; either prior to or after the -residence has #
been. erecied'thezeorf. No trailers.; boats,'carriers, recreational
vehicl-es, trucks -larger than a Pickup truck, or other motor?`
vehicles,. e�ccept standard passenger vehiclesshall.be allowed,''
placed,.. parked or- permitted upon any of, the Lots' in. said
subdivision -or upon any streets therein.-
(,n) "'he Owner. of each Lot .shall keep the Lot mowed
regularlj►, including that. area, from the lot line .to. the edge ,of the
paved street and clear'of any unsightly objects,'and in the event
that the Owner' of any Lot within the said Subdivision breaches' this
restriction; the :.DEVELOPER reserves the right. to enter upon the'.`
said. :Lot anti mow the grass, cleanup the.°Lot .and remove unsightly'
structures .and objects at property owner's expense as provided in
Article V herein Where Lots :.border'.on. or contain ditches,
drainage canals o�Vzopoels
,.the Owner of each Lot shall keep that
area.,.inclydiag the., downto the edge -of the water, mowed
And ,..sriainta.l ned .regularly- Washouts or. erosions on. the, Lots
-adjoining ditch' banks, and wall to pavement shall. be .properly
` tended to b tie se pe five Lot. Owner. This obligation and right
R = ' nays" be enforced_ ,by the':: Association or : any fl�rner as provided in
Article..VIII herein.
(o) Each Lot (honer shall provide receptacles for garbage
and " all. cans,;, carts and. bags must be kept in. a . screened area,
accessory building or other storage facility, and not visible froin
the street', except on garbage pick-up dais.
(p) Construction activity on a Lot shall be confined
within the boundaries of said Lot. Each Lot Owner shall have the
15

t
BOOK PACE 1 7 6 7 10 0 7
1833 089y
obligation to collect and dispose of all rubbish and trash
resulting from construction on his Lot. Upon a Lot Owner's failure
to collect and dispose of such trash within thirty (30) days after
receipt of a written notice from DEVELOPER, DEVELOPER may collect
and dispose of such rubbish and trash at the Lot Owner's expense as
provided in Article V herein.
(4) Each Lot in the Subdivision shall have only one (1}'
mailbox and one (1) paper box to be mounted on A single post, ands
All such boxes shall be'as approved byDEVELOPER. Such mailboxes
or paper boxes may be providedby, the DEVELOPER or the builder.,
AnV",boxes provided. by. the builder shall be considered an
improvement and must remain.with the Lott and sha11 be maintained by'
property Owner.
Or 1n-certain instances, conservation areas. orgreen
ways, for Vegetated buffers may"De. conveyed. with a'. Lot to an Owner:
Sic}i. `areas are for conservation purposes and as. such, not for
Owner's private use.. These areas are. toremainentirely.natural.-
Na fences or structures of.any type.may be erected in said arerks
And, no undergrowth. or any type ofvegetation maybe remove.d;'x
Notwithstanding,the, foregoing., any area identified as a
Planting. Area on .any map or, revision of Iota map of MEADOWBROOIC
r
SUBDIVISION may .be conveyed with A Lot or Lots. in said Subdivisiofi
or niay be_conveyed to one or more Lot Owners in said Subdivision.'
No'.structures other than thosefences, signs,. entranceway
structuresi landscaping or similar construction: by the DEVELOPEk
shall be permitted in the Planting Area., In the case of conveyance.
of a Planting Area as.. set forth herein the DEVELOPER reserves any
easement to- go open "the` P7:-ant1ng A=ea and main-fal- .-any' of-'.!
above -described construction. DEVELOPER further reserves the right
and An: easement to change, reconstruct or construct any fences,
signs,: entranceway structures; landscaping or the ecquivalent in attd
,over -the P1an.tin.g Area.• "�
The Lot Owner or Owners to whom .any Planting Area Is
conveyed shall keep the Planting Area mowedand shall maintain it
re4ularly so that said area shall be neat and In good condition and
16

1?67 iuuo
appearance at all times. With the consent and approval .of the
DEVELOPER, the Lot Owner may make c dIAMn piantPl.and may
landscape the Planting Area. 1 H 3 3 O H 9 5
(s)-, No.immo,ral.,, improper, offensive or unlawful use.,
shall be made of the property, or any part thereof.,_ and all valid
laws,. ordinances, and regulations of all governmental acencies
having jurisdiction.thereof shall be observed. All laws, orders,
rules, regulations, or requirements of any government agency having
jurisdiction thereof, relating to any portion. of the property,
shall be.compiied with, by and at the sole expense of the Owner or
the Association, whichever -shall have the oniigation to maintain or
repair such portion of the property.
(t) No industry, business, trade.,. occupation, or
profession of any kind, whether commercial or otherwise, shall be
conducted, maintained or permitted on any part of the property,
except that the DEVELOPER or its agents may use up to two homes for
sales or display purposes.
(u) No person shall undertake, cause, or allow any
alteration or construction in or upon any portion of the common
area except at the direction of and with the express written
consent of the Association or DEVELOPER.
(v) The common area shall be used only for the purposes
for which they are intended and reasonably suited and which are
incident to the use and occupancy of the homes, subject to any
rules or regulations that may be adopted by the Association
pursuant to its By -Laws.
(w)._..Recreational facilities o1r::areas or similar
amenities may not be added as common areas without approval of one
hundred (100) percent of the Owners of Lots subject to these
Restrictions.
(x) The common area cannot be mortgaged or conveyed
unless two-thirds (2/3) of the Owners of Lots consents.
17

EOOK PAGE
1 8 3 3 0 8 9 6 ARTICLE VII
EASEMENTS BOOK PAGE
Section 1: Utilities: 1 7 6 7 1 0 0 9
(a) All of the property, including Lots and common area,
shall be subject to a perpetual non-exclusive easement or easements
in favor of all Owners of Lots for their use and the use of their
immediate families, guests, invitees, tenants or lessees for all
proper and normal purposes and for ingress and egress and regress
and to such easements for water lines, sanitary sewers, storm
drainage facilities, gas lines, telephone and electric power lines,
television antenna lines, and other public utilities as shall be
established prior to subjecting the property to these Restrictions
by the DEVELOPER or its predecessdrs in title. The Association —
shall have the power and authority to grant and to establish in,
over, upon and across the common area conveyed to it such further
easements as are requisite for the convenient use and enjoyment of
the property. ./
(b) ­ All water to be used in said subdivision for any
Purpose whatsoever shall be obtained from a Community Water System,
unless other sources are approved by the City or County Board of
Health. An eight (8) foot radius from each water meter shall be an
easement for maintenance and repair of'such meter. Lot Owners may,
however, drill shallow wells for irrigation and non -domestic use.
Said wells must be located in the back yard so as not to be visible
from the street. Sewage disposal shall comply with the regulations
of the North Carolina Board of Health. Each Lot in said
subdivision is subjected to a sewer maintenance easement across the
front ten (101) feet of each said Lot.
Easements for installation and maintenance of utilities
and drainage facilities are reserved over the rear, front and side
ten (10) feet of each Lot and easements for drainage and utilities
also are reserved as shown and designated on the plat of said
property hereinabove referred to. The DEVELOPER shall have no
responsibility for maintaining drainage easements in connection
with any lots sold. All maintenance shall be the responsibility of
18

1767 1010 �833 P�C`
the purchaser of a Lot, his heirs, successors and assigns, wit�hi8 9 7
said easements. No structure, planting or other material shall be
placed or permitted to remain which may damage or interfere with
the installation and maintenance of utilities, or which may change
the direction of flow of drainage channels in the easements. The
easement area of each Lot and all improvements i,-1 it shall be
maintained continuously by the Owner of the Lot, except for those
improvements for which a public authority or utility company is
responsible.
(c) The DEVELOPER reserves the right to subject the real
property in this Subdivision to a contract with Carolina Power and
Light Company for the installation of underground electric cables
and/or the installation of street lighting, either or both of which
may require an initial payment and/or a continuing monthly payment
to Carolina Power and Light Company by the Owner of each Lot.
Section 2: Reserved to Developer: Every Lot shall be
subject to an easement for entry and encroachment by the DEVELOPER
for a period not to exceed eighteen (18) months following
conveyance of a Lot to an Owner for the purpose of correcting any
Problems that may arise regarding grading and drainage. The
DEVELOPER, upon making entry for such purpose, shall restore the
affected Lot or Lots to as near the original condition as
practical.
Section 3: Emeraencies: Every Lot and home shall be
subject to an easement for entry by the Association or DEVELOPER
for the purpose of correcting, repairing or alleviating any
emergency condition which arises upon any Lot or within any home
and which endangers any building or portion of the common area.
Section 4: An easement is hereby established over all
Lots and common area for the benefit of applicable governmental
agencies for the setting, removing and reading of water meters,
maintaining and replacing water, drainage and drainage facilities,
fire fighting, law enforcement, garbage collection and the
delivering of mail.
19

BOOK FAG 500K
PROF
1?67 1011 1833 08i,
Section _5: If any dwelling is located clo.ser:than.f e
(5.).. . -'.feet#rom '-its- lot -line,"' 'the' -Owner; ..hereof shall have a
perpetual access easement over the adjoining Lot to the extent'
reasonably necessary to perform, repair, maintenance Ole
y
reconstruction .of his dwelling. Such repair, maintenance or
reconstruction shall be done expeditiously and, upon completion of
the work, the owner shall restore the adjoining Lot to as near the
same condition as that. which prevailed prior to the commencement of
the work as.is reasonably practical.
Section 6: An exclusive easement is hereby established
in favor of DEVELOPER over all common areas for access to adjacent
properties for the purposes of future development and the
installation of streets and public utilities.
ARTICLE VIII
COMPLIANCE AND ENFORCEMENT
Section 1: Enforcement: The Association, the 'DEVELOPER
and any Owner, an aggrieved Owner within the Subdivision on behalf
of the Association or any Owner on behalf of all the Owners within
the Subdivision shall have the right to enforce by any proceeding
at law or in equity, all of the conditions, covenants and
restrictions of these Restrictions and the Articles, Bylaws and
rules and regulations of the Association. The prevailing party'
shall be entitled to collect all costs thereof, including
reasonable attorney's fees.
Section 2: Cost Assessment:, The Association shall have
the right to remedy any violation of these Restrictions and assess
the costs of remeaying same against the offending Owner.
Section 3: Suspension: For any violation by an Owner,
including, but not limited to, the nonpayment of any general or
special assessment, the Association shall have the right to suspend
the offending Owner's voting rights and the use by such Owner, his
agents, employees, licenses and invitees of the Common Areas in the
Subdivision for any period during which a violation continues
except that such penalties may not be for more than sixty (60) days
20

for violation of any of the Association's publiphK rules and
regulations. 000PAGE
i833 Section 4: Remedies: The remedies provided by 2hRR
i � 9
-_
- a� W
Article are-ct�mulative, and ric ,in addition to any"other remedies
provided by law.
Section 5: No Waiver: The failure of the.Associatzon ox.
any person or.Owner toenforce any restriction contained in these
Restrictions, the Articles, the Bylaws or the rules and regulations
shall not be deemed a waiver of the right to do so thereafter.
ARTICLE IX
GENERAL PROVISfONS"
Section 1: Severability: Invalidation of any one of
these covenants or restrictions by judgment or court order shall in
no way affect any other provisions, which shall remain in full
force and effect.
Section 2: Amendment: Except is provided in Article II
herein, these Restrictions may be amended by vote of the Owners o°f
two-thirds (2/3).of the Lots subject to these Restrictions;
provided that no amendment shall alter any obligation to pay ad
valorem taxes or assessments for public improvements, as herein'
provided, or affect any lien for the payment thereof established
herein. In no event may the Restrictions be amended so as to
deprive the DEVELOPER of any rights granted herein or reserved unto
DEVELOPER. All such amendments shall be certified as an official
act of the Association by the Secretary thereof and shall be
recorded in the New Hanover County Registry. All amendments shall
become effective upon a recordation.
Section 3: Durat,ion:.. All covenants and restrictions
f herein shall' fun with -the land and shall be binding on all parties
,..
owning Lots in said Subdivision for a period of twenty (20) years
from the date hereof at which time these covenants shallbe
i
'.
automatically extended for successive periods of ten (10) years
each unless by vote of the then Owners of a majority of said Lots
not under legal disability, it is agreed to revoke same.
21

1833 0900 1.7.67 1013
Section 4: Reservations to Develone : DEVELOPER
reserves the right to change, alter or redesign roads including the
extension of streets and roadways for the purpose of providing
access to adjacent properties, utility and drainage facilities and
easements and to change, alter or redesign lot lines and Planting
Areas as may, in the sole judgment of the DEVELOPER, be necessary
or desirable except that the DEVELOPER shall have no right to
change or alter the use of the lots within the Subdivision.
Section 5: HUD/VA ADnroval: Annexation of additional
properties, dedication of common area and amendment of these
Restrictions requires HUD/VA ,prior approval as long as there is a
Class..R--Membership .. .
Section 6: Conflict: In the event of any irrecon`ealable
N.,
conflict between these Restrictions and the By -Laws of the
Association, the provisions of these Restrictions shall control.
In the event of any irreconcilable conflict between those
Restrictions or the By -Laws of the Association and the Articles of
Incorporation of the Association, the provisions of the Articles of
Incorporation shall control.
IN TESTIMONY WHEREOF, LANDMARK DEVELOPERS, INC., the
DEVELOPER, has caused this instrument to be executed in its name by
its President, sealed with its corporate seal, and attested by its
Secretary, this / day of 194,
LANDMARK DEVELOPERS, INC.
BY:
00
(CORPORATE SEAL) V President
ATTEST:
.•'� BEVEL `'�,
Secretary ,�•.•�' O,c�•,,,
CARPORATE
.�'•: SEAL !Z.
22

NORTH CAROLINA 18 3 3 0 9 a 1
800K PAGE
�lUA) ELI0," COUNTY 17 6 7 1 p 14
I, anu! ' f,M(l:CG/ufl kkO-J(65 , a Notary Public of the
State and County aforesaid, certify that All P
personally came before me this day and acknow edged that he
is
Azlsr.secretary of LANDMARK DEVELOPERS, INC., a North Carolina
corporation with its principal office in New Hanover County, and
that by authority duly given and as the act of the corpor ion, the
foregoing instrument was signed in its name by its, esident,
sealed with its corporate seal, and attested by himself as its
-f • secretary.
WITNESS my hand and official seal this 154— day of
, 1994.
My commission expires:
`tat bar
i
NORTH CAROLINA
COUNTY OF NEW HANOVER
7YbXLNl1. �� lip
No,
G� .. 40,
NOTARY : m
—�Er—
PUELIC ' c�
n
R .CCU,
+' �+ a +++1 t of
The foregoing cer ificate of nvr� C' 4l�il..�_
a Notary Public of a;,� A gneL10y County, North Carolina,,
is certified to be correct.
This the 2/,— day of Y4401L , 1994.
NG/rd/os6.158
MARY SUE DOTS, REGISTER OF
DEEDS OF NEW HANOVER COUNTY
23
A"

�. oc s,
Q
cr

STM air NORZl1 CANOf.I U
DECL R#l1ON or NWnOft
COtWrF alp WEN HANDVU SWnOR 3, MUDOLMMM
Baal( PAGE
INOW AM NEW BY 21k= PRESEMS1 F. R 1 n y 9?
That the undersigned, LMp1lM DEVELOPERS, IMC., a North
Carolina Corporation, bereinaftet Called DEVELOPER is the OM ER of
all of the interest and equity in that certain tract of land known
as SECTION 3. MCNOOI MMOR, and it is the desire of the undersigned,
the DEVELOPER of this land, to insure the use of said property for
attractive residential purposes only, to prevent the impairment of
the attractiveness of the property, to maintain the desired tone of
the community, and thereby to secure to each lot OmR the fall
benefit and enjoyment of his hues with no greater restriction upon
the free and undisturbed are of his lot than is necessary to insure
the same advantages to the other lot OommRs;
000147
NOWe TMMBF'ORE, the, undersigned does hereby covenant,
agree and declare to and with all persons, firsts or corporations
now owning or hereafter aognlring any property in SECTION 3,
NEADOWBROOR, that all of the lots in said subdivision as shown on
a sap recorded in ILap Book 33 - at page 22 of the New
Hanover County Registry, are hereby made subject to the following
restrictions as to the we thereof, running with the land by
w` I WORYer owned, to WIt:
1. All lots in said Subdivision shall be known as
single-family residential lots, and shall be used for residential
purposes only.
All building plans and site locations for residences must
be approved prior to construction by DEVELOPER. No lot may be
Clear cut or substantially cleared without the express written
consent of DEVELOPM.
The roof of each residence must have a minim: pitch of
6/12, unless written permission to vary therefrom is first obtained
from DEVELOPER. All roofing colors —at be earth tones, such as
browns, blacks or grays.
2. NO' residence smaller than 975 square feet of heated
floor space, exclusive of porches. steps, walks, garages, carports,
storage areas, etc., shall be constructed or located on any
building lot. Provided, that in cases where the area is not more
than ten percent (100) below the minisus above set oat, DEVELOPER,
or its designated agents, may, at their option, approve the
construction of the dwelling if it is in conformity with the
general development of the Subdivision. In computing the number of
square feet allowed as provided herein, so square footage in any
Part of the dwelling that is constructed over a garage will be
counted. unless it is on the Mass utility hookup as the main
dwelling and•is a finished part of the constructed living space.
In addition the total leek 3t-eta area ^_a each lzt shall not s
the requirements -of the Title 1 NCM 2R.1003 Coastal Storsuater
Regulations. These regulations currently provide that each lot
will be restricted to 2,405 square feet of built upon area
including imperious surfaces such as house and driveways. The
State of Worth Carolina shall be a beneficiary of this provision
entitled to enforce the same by any available action or remedy
against any lot owner who violates the terns of this provision.
3. No concrete block, concrete brick, asbestos siding,
aluminum siding, Cinder block nor tar paper composition shall be
used for the exterior of any residence constructed on any building
lot herein conveyed, it being intended that only conventional
frame, wood, sasonite-typu hardboard, vinyl, brick, clay brick or
stucco exteriors be constructed on the lots subject to these
RMRNED70
'0L. ijC6+E)1j dp.,,
MUG
-.

covenants. Paint colors om house At the time of closing may not be
changed for five (5) Fears without the prior approval of D6vELOpER.
4. Since the establishaeat of standard inflexible
building setback limes for location of houses an lots tends to
force construction of bosses directly to the side of other homes
with detrimental effects Ou privacy, view. preservation of
important trees and other vegetation, ecological and related
considerations, no specific setback lines are established by these
Restrictions. In order to assure, however, that the foregoing
considerations are given maximmt effect. DEVElAMM reserves the
right to control and approve absolutely the site and location of
any house or dwelling or other structure upon any lot and a plot
plan shall be furnished to DER for approval before
construction begins. In any event, so Rouse shall be erected
closer to the front lot line or nearer to may side line than the
minimum distances established by applicable Now Hanover county
ordinances.
On corner lots, the side having the least krontage shall
be considered the front lot line of said lot.
S. Ro bases trailer. mobile base, travel trailer or
other recreational vehicle, taut, shack or temporary structure of
any nature shall be located on any •lot or used at any time as a
residence, temporarily or permanently.
Any storage badiding nest confores to the paint colors and
building style of the main structure constructed on any lot.
Construction and placement of said building on any lot shall be
aPPreved by DEVELOPER, prior to the construction thereof.
Boats shall be kept inside a storage building or in the
back yard and not visible from the street.
No satellite dishes or exterior antennas say be installed
without prior written approval from DEVELOPER.
6. Ho fence shall be erected or hedge grown on any lot
unless written approval thereof has first been obtained from
DEVELOPER. Fences facing or parallel to the street shall be wood
constructions. No fence and no hedge shall be permitted nearer the
front lot It than the front of the house constructed on said lot
unless approved by DEVELOPER. All corner lots shall be required to
have a fenced area at least 10 feet by 5 feet in size in the rear
of the house and attached to the rear of the house, within which
shall be kept lawn assurers, bicycles, toys, grills and other similar
stored materials. On lots having buffer fences installed by the
DEVELOPER, the G MER of the lot upon which the fence is located
shall maintain the fence in its original condition. All fences
constructed hereunder shall be maintained in original condition.
7. Modular and prefabricated homes and previonsly
constructed houses may not be erected or placed on any lot, without
the express Witten consent of DEVELOPER.
S. Ho advertising signs or billboards shall be erected
on any lot or dAnplayed to the public on any lot subject to these
Restrictions, except that one sign of not more than five square
feet- in area array be used to advertise a complete dwelling for sale.
NO "For Sale" signs are allowed on any unimproved lot. This
covenant shall not apply to signs erected by the DEVEU)PER used to
Identify and advertise the subdivision as a whole, or by a
contractor for an item of work being performed on a given lot.
9. Ho fuel tanks or similar storage receptacles may be
exposed to view. Any such receptacles may be installed only within
the main dwelling house, within an accessory building, within a
screened area, or buried underground.
BOOK PACE
2 1661 0493

10. All water to be as" in said sabdivisios for any
purpose whatsoever shall be obtaised frog a Cammmaity Hater System,
unless other sourt.es are approvmd bf the City or County Board of
Health. hm eight (0) Seat radius free each rater meter shall be an
aaseslept for WAdUtOMMUCe and repair of such meter_ Lot OHS may,
however, drill shallow wells for irrigation and eon -domestic use.
Said wells mist be located in time bacft lard so as mot to be visible
fret the street. Sewage disposal shall comply with the regulations
of the Month Carolina Board of Hsaltb. Zack lot in said
subdivision is subjected to a sewer maintenance easement across the
front ten (101) fast of each said lot.
Easements for iastaLLatiom and maintenance of utilities
and drainage facilities are reserved over the rear, front and side
tan (10) feet of each lot and easements for drainage and utilities
also are reserved as shown and designated on the plat of said
property bereimabove referred to. The DZVELOPER shall have no
responsibility for maintaining drainage easements in connection
.with any lots sold. All maintenance *ball be the res(wasibility of
the purchaser of a lot, his bsirs, successors and assigns, within
said easements. MD structure, planting or other material shall be
placed or permitted to remain sddch say damage or interfere with
the installation and maintenance of utilities, or which may change
the direction of flow of drainage channels in the easements. The
easement area of each lot and all •isprovements in it shall be
maintained continuously by the ME R of the lot, except for those
improvassets for which a public authority or utility company is
resEossible.
11. no yard sales or garage sales shall be permitted
upon any lot in this Development.
12. No noxious or offensive activity shall be carried on
or maintained on any lot or part of any lot, nor shall any use be
made of any portion of said property which may be or nay become an
annoyance or nuisance to the neighborhood, No domesticated farm
animals or fowls shall be raised. bred or kept on the property. in
the event yards are not properly maintained, they shall be cleaned
up at the QV=R's expense. Usmightly, inoperative, or unlicensed
junk cars and like eyesores cannot be maintained on any lot, either
prior to or after the residence ban been erected thereon.
13. The Bayer or Purchaser of each lot shall keep the
lot mowed regularly. including that area from the lot line to the
edge of the paved street and clear of any unsightly objects, and in
the event that the 8ayar or Purchaser of any lot within the said
Subdivision breaches this restriction, the DZVELOPZR reserves the
right to enter upon the said lot and now the grass, clean up the
lot and remove unsightly structures and objects at property owmm's
expense. Where lots border on or contain ditches, drainage canals
or swales, the Buyer of each lot shall keep that area, including
the slopes, down to the edge of the water, mowed and maintained
regularly. Washouts or erosions on the lots adjoining ditch banks
and swales to pavement shall be properly tended to by the
respective lot OH .
14.- The DBVELOPM reserves the right to subject the real
property in this.Subdivision to a contract with Carolina Fower and
Light Company for the installation of underground electric cables
and/or the installation of street lighting, either or both of which
may require an initial payment and/or a continuing monthly payment
to Carolina Power and Light Company by the OKWR of each lot.
15. Each lot OURM shall provide receptacles for garbage
and all cans, carts and bags mast be kept in a screened area,
accessory building or other storage facility, and not visible from
the street, except on garbage pick-up days.
BOOR PAGE
�661 0494

16. Construction activity as a lot shall be confined
within the boundaries of said lot. Each lot Oi1NRR shall have the
obligation to collect and dispose of all rubbish and trash
resulting from Construction on his lot. Upon a lot 010WR's failure
to Collect ad dispose of soft trash within thirty (30) days after
receipt of a written notice traminwaAm, azin m say e611eet
and dispose of such rubbish and trash at the lot OWm,s maps=*.
17. Each lot in the Subdivision shall have only one (1)
mailbox amd am (1) paper box to be mounted on a single post, and
all much bores shall be as approved by DEVELOPER. Such mailboxes
or paper boxes say be provided by the DE46LOPSR or the builder.
Any boles provided by the builder shall be considsted an
Improvement and must remain with the lot and shall be maintained by
property OkMM-
10. Invalidation of any one of these covenants by
jmdtpmints or court order shall in no way affect any of the other
covenants herein, which shall remain in fall force and effect.
19. If the parties hereto, or any of them, or their
beirs and assigns shall violate or attempt to violate any of the
covenants herein, it shall be lawful for any person or persons,
owning any real property situated in SECTION 3, MEADONSMM, to
prosecute any proceedings at law or in equity against the person or
persons violating or attempting to violate any such covenants, and
either to prevent him or them from doing or to recover damages or
other doss for such violation.
20. DEVEIA MM specifically reserves the right to amend.
Or change any part or all of the restrictions, covenants and
conditions herein set out at any time prior to December 31, 1994 by
the filing in the Office of the Register of Deeds of New Hanover
county a Declaration of Amended Restrictive Covenants. Retention
of this right by the DEVELOPER is not intended to affect the
general or common scheme of development for the property herein
described but to correct a nor modify situations or cireamstances
which may arise daring the course of development_ Thereafter,
these Restrictions my be amended by vote of the OiD M of two-
thirds (213) of the lots in SECTION 3, NESDOWSPA)M.
21. All covenants and restrictions herein shall run with
the land and shall be binding on all parties owning lots in said
Subdivision for a period of twenty (20) years fron the date hereof
at which time these covenants shall be automatically extended for
successive periods of tea (10) years each unless by vote of the
than OWERS of a majority of said lots not under legal disability,
It is agreed to revoke or amend sass_
22. In certain instances, conservation areas or green
ways, or vegetated buffers may be conveyed with a lot to an ovM.
Such areas are for conservation purposes and as such, not for
OWM*s private use. These areas are to Tean entirely natural_
No fences Or structures of any type may be erected in said areas
and no undergrowth or any type of vegetation say be removed.
planting Area n Notwithstanding the foregoing, any area identified as a
nq any sop or revision of lots map of SECCTION 3,
MADOWBROOE maybe conveyed with a lot or lots in said section of
the Subdivision or may be conveyed to one or more lot OMMM in
said Subdivision. no structures other than tbose fences, signs,
entranceway structures, landscaping or similar construction by the
DEVELOPER shall be permitted in the planting Area. In the case of
conveyance of a Planting Area as not forth herein the DEVELOPER
reserves an easement to 90 upon the Planting Area and maintain any
of the above -described construction. DEVELOPER further reaerves
the right and an easameat to charge, reconstruct or construct any
fences, signs, entranceway structures, lamiscapiag or the
equivalent in and over the Planting Area.
BOOS PACE
1661 0495

L
YIN lot aumm or Ow= to Whoa any Planting Area is
conveyed Shall k"p the Flastimg Area sound and stall maintain it
= Wlarlf So that said area shall be neat and in good condition and
appearance at all timam_ with the consent and approval of the
DEVELOPER, the lot OVEM max mans certain plantings mad mew
landscape the Planting Area.
23. DEVELOPER reserves the right to change, alter or
redesign roads including the ezteasion of streets and roadways for
the pWrpose of Providing acCOSS to adjacent propertieS, utility and
drainage faailitiem and easements and to change, alter or redesign
lot limes and Planting Areas as may, is the Sole judgement of the
REVEWPER, be necessary or desirable ezcept that the DzMA)pZM
shall have no right to change or alter the are of the lots wLtbin
the Sandivislon.
26. Whenever used herein. the Word -DBVELO w is das 9d
to mean i.A� DZVIIIAhZRS, INC., its Saceeesors or assigns.
25. ?MR RESZR MOTS APPLY ONLY TO SECTION 3,
lOJ1D0uBROOM{ SUBDIVISION, AS YIE SAM IS SHDII OR 11M MAP RBFERENCBD
AMIORls, AID NOYBIO', BEREIhi IS INIMMM, ROR SHALL BE DEEMD• TO W
A UPMENTMON, V IRRAMIT, COV'OMM. OR PROMISE THAT 2MM
RESTRICYION.S APPLY OR SMALL APPLY To Mir OTMR REAL pnopzM OMM
BY DEVSLOPM IN MM VICINITY OR. AREA OF SLID DEVELOPIERt.
DZYC OPER FOR 12SELF, ITS SUCCESSONS AND/OR ASSIGNS, DECLIRBS TMT
SEMON 3, MADOUBBOOi SUBDIVISION, IS SOY PART OF ART OVERALL, PLAN
FOR TM DEVELOPHM OF TBE REAL PROYlIIti'! DESCRIBED HEREIN, mm TWX
TBB MAINDU OF SAID PROPUTY MAY AND CAN BE USED, DEVELOPED,
CONVEYED AID/OR IMPROVED FOR FlfYt MM AM SUBJWr To RFSYRICrl(=
Gymn TZAR AS SET our HEREIN.
IN TM -JOKE WZWOF, LAIDMSM DEVELOPERS, INC., the
DEVELOPER, has caused this instyxm ar to be signed in its name by
its President, sealed with its orate seal, and attested by its
Secretary, this QN_ day of 1993.
Y LAN DNAM DEVELOPERS, INC.
fiv. <
eOYeE ; o. •
BY:
4y S �2 0 Pres dent
r1r1. e::
5
o
90. A
4"

BOOK PAGE
rvcout� �_�/issZ 0497
o�Ue , a ter-- lc of t!=
State and county aforesei , the! / ! —
personally case before we this day and acinowledged that is
4=1 Pwmtarf of LNMmWM DRVZLGMtS. INC. , a Mortk carolisa
corporation with its principal office in ■m Hanover County, and
thht by authority duly given and as the act of the eozMfjj ion, the
foregoing inmtrueest was sigmmd in its noes by its. Vkasidest,
sealed with its corporate seal, and attested by himself as its
S G._secretary.
V17�SS spy hand and official seal this A� day Of
d, 1493.
My commission expires: ry Public
r•, O� �Tb
'i
NOR'1S CAitOLI1H1� 4�',
COUNTY OF IMN HL1109ER
The foregoing certif 70� D-
a Notary Public of m County, North Carolina,
In certified to be correct_
?his the 27th day Of APS , 1993.
NAM SUE OdlS, REGISTRRR OF
IIo= of RW HaII vm c xmn
NG/bv/os6.461

iti;�� 0622
— U
MWAT
EF NORTH CAROLINA III.I fie
COUNTY OF NEW HANOVER DECLARATION OF RESTRICTIONS
D U r, SECTION 2-.rpo� ROOf� `�►1
UD
DEC , 3 1995 KNOW ALL MEN BY THESE PRESENTS:
gDpM That the undersigned, LANDMARK ORGANIZATION, INC., (LOI
O1th Carolina corporation, hereinafter called DEVELOPER is the
OWNER of all of the interest and equity in that certain tract of
land known as SECTION 2, MEADOWBROOK, and it is the desire of the
undersigned, the DEVELOPER of this land, to insure the use of said
property for attractive residential purposes only, to prevent the
impairment of the attractiveness of the property, to maintain the
desired tone of the community, and thereby to secure to each lot
OWNER the full benefit and enjoyment of his home with no greater
restriction upon the free and undisturbed use of his lot than is
necessary to insure the same advantages to the other lot OWNERS;
NOW, THEREFORE, the undersigned does hereby covenant,
agree and declare to and with all persons, firms or corporations
now owning or hereafter acquiring any property in SECTION 2,
MEADOWBROOK, that all of the lots in said subdivision as shown on
a map recorded in Map Book 32 at Page 338 of the New Hanover County
Registry, are hereby made subject to the following restrictions as
to the use thereof, running with the land by whomsoever owned, to
wit:
All lots
single-family resid ntialllots, andushallsbenused lforbresid nt'as
purposes only. ial
All building plans and.site locations for residences must
be approved prior to construction by DEVELOPER. No lot may be
clear cut or substantially cleared without the express written
consent of DEVELOPER.
The roof of each residence must have a minimum pitch of
6/12, unless written permission to vary therefrom is first obtained
from DEVELOPER. All roofing colors must be earth tones, such as
browns, blacks or grays.
2. No residence smaller than 975 square feet of heated
floor space, exclusive of porches, steps, walks, garages, carports,
storage areas, etc., shall be constructed or located on any
building lot. Provided, that in cases where the area is not more
than ten percent (10%) below the minimum above set out, DEVELOPER,
or its designated agents, may, at their option, approve the
construction of the dwelling if it is in conformity with the
general development of the Subdivision. In computing the number of
square feet allowed as provided herein, no square footage in any
part of the dwelling that is constructed over a garage will be
counted, unless it is on the same utility hookup as the main
dwelling and is a finished part of the constructed living space.
In addition the total built -upon area on each lot shall not exceed
the requirements of the Title 1 NCAC 2H.1003 Coastal Regulations. These regulations Stormwater
currently provide that each lot
will be restricted to 2,405 square feet of built upon area
including imperious surfaces such as house and driveways. The
State of North Carolina shall be a beneficiary of this provision
entitled to enforce the same by any available action or remedy
against any lot owner who violates the terms of this provision.
3. No concrete block, concrete brick, asbestos siding,
aluminum siding, cinder block nor tar paper composition shall be
used for the exterior of any residence constructed on any building
lot herein conveyed, it being intended that only conventional
frame, wood, masonite-type hardboard, vinyl, brick, clay brick or
stucco exteriors be constructed on the lots subject to these
00002,2
v

covenants. Paint colors on house at the time of closing may not bam
changed for five (5) years without the prior approval of DEVELOPER.
4. Since the establishment of standard inflexible
building setback lines for location of houses on lots tends to
force construction of houses directly to the side of other homes
with detrimental effects on privacy, view,
important trees and other vegetation, ecological and preservation
considerations, no specific setback lines are established by these
Restrictions. In order to assure, however, that the foregoing
considerations are given maximum effect, DEVELOPER reserves the
right to control and approve absolutely the site and location of
any house or dwelling or other structure upon any lot and a plot
plan shall be furnished to LOI for approval before construction
begins. In any event, no house shall be erected closer to the
front lot line or nearer to any side line than the minimum
distances established by applicable New Hanover County ordinances,
but not less than 25 feet.
On corner lots, the side having the least frontage shall
be considered the front lot line of said lot.
5. No house trailer, mobile home, travel trailer or
other recreational vehicle, tent, shack"or temporary structure of
any nature shall be located on any lot or used at any time as a
residence, temporarily or permanently.
Any storage building must conform to the paint colors and
building style of the main structure constructed on any lot.
Construction and placement of said building on any lot shall be
approved by DEVELOPER, prior to the construction thereof.
Boats shall be kept inside a storage building or in the
back yard and not visible from the street.
No satellite dishes or exterior antennas may be installed
without prior written approval from DEVELOPER.
6.
unless written No fence hall be ered or hedgegrown on any lot
approval thereofhasfirst beenDEVELOPER. Fences facingor obtained from
ll be
construction. No fence and no hedge shall be permitted street anearerwood the
front lot line than the front of the house constructed on said lot
unless approved by DEVELOPER. All corner lots shall be required to
have a fenced area at least 10 feet by 5 feet in size in the rear
of the house and attached to the rear of the house, within which
shall be kept lawn mowers, bicycles, toys, grills and other similar
stored materials. On lots having buffer fences installed by the
DEVELOPER, the OWNER of the lot upon which the fence is located
shall maintain the fence in its original condition. All fences
constructed hereunder shall be maintained in original condition.
7. Modular and prefabricated homes and previously
constructed houses may not be erected or placed on any lot, without
the express written consent of DEVELOPER.
8. No advertising signs or billboards shall be erected
on any lot or displayed to the public on any lot subject to these
Restrictions, except that one sign of not more than five square
feet in area may be used to advertise a complete dwelling for sale.
No "For Sale" signs are allowed on any unimproved lot. This
covenant shall not apply to signs erected by the DEVELOPER used to
identify and advertise the subdivision as a whole, or by a
contractor for an item of work being performed on a given lot.
9. No fuel tanks or similar storage receptacles may be
exposed to view. Any such receptacles may be installed only within
the main dwelling house, within an accessory building, within a
screened area, or buried underground.
2

1 If :J i.
1635 0624
10. All water to be used in said subdivision for any
purpose whatsoever shall be obtained from a Community Water System;,
unless other sources are approved by the City or County Board of
Health. An eight ( 8 ) foot radius from each water meter shall be an
easement for maintenance and repair of such meter. Lot OWNERS may,
however, drill shallow wells for irrigation and non -domestic use.
Said wells must be located in the back yard so as not to be visible
from the street. Sewage disposal shall comply with the regulations
of the North Carolina Board of Health. Each lot in said
subdivision is subjected to a sewer maintenance easement across the
front ten (101) feet of each said lot.
Easements for installation and maintenance of utilities
and drainage facilities are reserved over the rear, front and side
ten (10) feet of each lot and easements for drainage and utilities
also are reserved as shown and designated on the plat of said
property hereinabove referred to. The DEVELOPER shall have no
responsibility for maintaining drainage easements in connection
with any lots sold. All maintenance shall be the responsibility of
the purchaser of a lot, his heirs, successors and assigns, within
said easements. No structure, planting or other material shall be
placed or permitted to remain which may damage or interfere with
the installation and maintenance of utilities, or which may change
the direction of flow of drainage channels in the easements. The
easement area of each lot and all improvements in it shall be
maintained continuously by the OWNER of the lot, except for those
improvements for which a public authority or utility company is
responsible.
11. No yard sales or garage sales shall be permitted
upon any lot in this Development.
12. No noxious or offensive activity shall be carried do
or maintained on any lot or part of any lot, nor shall any use be
made of any portion of said property which may be or may become an
annoyance or nuisance to the neighborhood. No domesticated farm
animals or fowls shall be raised, bred or kept on the property. In
the event yards are not properly maintained, they shall be cleaned
up at the OWNER's expense. Unsightly, inoperative, or unlicensed
junk cars and like eyesores cannot be maintained on any lot, either
prior to or after the residence has been erected thereon.
13. The Buyer or Purchaser of each lot shall keep the
lot mowed regularly, including that area from the lot line to the
edge of the paved street and clear of any unsightly objects, and in
the event that the Buyer or Purchaser of any lot within the said
Subdivision breaches this restriction, the DEVELOPER reserves the
right to enter upon the said lot and mow the grass, clean up the
lot and remove unsightly structures and objects at property OWNER's
expense. Where lots border on or contain ditches, drainage canals
or swales, the Buyer of each lot shall keep that area, including
the slopes, down to the edge of the water, mowed and maintained
regularly. Washouts or erosions on the lots adjoining ditch banks
and swales to pavement shall be properly tended to by the
respective lot OWNER.
14. The DEVELOPER reserves the right to subject the real
property in this Subdivision to a contract with Carolina Power and
Light Company for the installation of underground electric cables
and/or the installation of street lighting, either or both of which
may require an initial payment and/or a continuing monthly payment
to Carolina Power and Light Company by the OWNER of each lot.
15. Each lot OWNER shall provide receptacles for garbage
and all cans, carts and bags must be kept in a screened area,
accessory building or other storage facility, and not visible from
the street, except on garbage pick-up days.
9

i5 OG25
16. Construction activity on a lot shall be confined
within the boundaries of said lot. Each lot OWNER shall have the
obligation to collect and dispose of all rubbish and trash
resulting from construction on his lot. Upon a lot OWNER Is failure
to collect and dispose of such trash within thirty (30) days after
receipt of a written notice from DEVELOPER, DEVELOPER may collect
and dispose of such rubbish and trash at the lot OWNER's expense:
17. Each lot in the Subdivision shall have only one (1)
mailbox and one (1) paper box to be mounted on a single post, and
all such boxes shall be as approved by LOI. Such mailboxes or
paper boxes may be provided by the DEVELOPER or the builder. Any
boxes provided by the builder shall be considered an improvement
and must remain with the lot and shall be maintained by property
OWNER.
18. Invalidation of any one of these covenants by
Judgments or court order shall in no way affect any cothe other
covenants herein, which shall remain in full force anof d effect.
19. If the parties hereto, or any of them, or their
heirs and assigns shall violate or attempt to violate any of the
covenants herein, it shall be lawful for any person or persons,
owning any real property situated in SECTION 2, MEADOWBROOK, to
Prosecute any proceedings at law or in equity against the person or
persons violating or attempting to violate any such covenants, and
either to prevent him or them from doing or to recover damages or
other dues for such violation.
20. DEVELOPER specifically reserves the right to amend,
or change any part or all of the restrictions, covenants and
conditions herein set out at any time prior to December 31, 1994 by
the filing in the Office of the Register of Deeds of New Hanovdr
County a Declaration of Amended Restrictive Covenants. Retention
of this right by the DEVELOPER is not intended to affect the
general or common scheme of development for the property herein
described but to correct and/or modify situations or circumstances
which may arise during the course of development. Thereafter,
these Restrictions may be amended by vote of the OWNERS of two-
thirds (2/3) of the lots in SECTION 2, MEADOWBROOK.
21. All covenants and restrictions herein shall run with
the land and shall be binding on all parties owning lots in said
Subdivision for a period of twenty (20) years from the date hereof
at which time these covenants shall be automatically extended for
successive periods of ten (10) years each unless by vote of the
then OWNERS of a majority of said lots not under legal disability,
it is agreed to revoke or amend same.
22. In certain instances, conservation areas or green
ways, or vegetated buffers may be conveyed with a lot to an OWNER.
Such areas are for conservation purposes and as such, not for
OWNER's private use. These areas are to remain entirely natural.
No fences or structures of any type may be erected in said areas
and no undergrowth or any type of vegetation may be removed.
Notwithstanding the foregoing, any area 'identified as a
Planting Area on any map or revision of lots map of SECTION 2,
MEADOWBROOK may be conveyed with a lot or lots in said section of
the Subdivision or may be conveyed to one or more lot OWNERS in
said Subdivision. No structures other than those fences, signs,
entranceway structures, landscaping or similar construction by the
DEVELOPER shall be permitted in the Planting Area. In the case of
conveyance of a Planting Area as set forth herein the DEVELOPER
reserves an easement to go upon the Planting Area and maintain any
of the above -described construction.
PER
the right and an easement to change, reconstruct orrther constructrany
fences, signs, entranceway structures, landscaping or the
equivalent in and over the Planting Area.
4

i U i i U U L U
The lot OWNER or OWNERS to whom any Planting Area is
conveyed shall keep the Planting Area mowed and shall maintain it
regularly so that said area shall be neat and in good condition and
appearance at all times. With the consent and approval of they DEVELOPER, the lot OWNER may make certain plantings and may
landscape the Planting Area.
23. DEVELOPER reserves the right to change, alter or
redesign roads including the extension of streets and roadways for
the purpose of providing access to adjacent properties, utility and
drainage facilities and easements and to change, alter or redesign
lot lines and Planting Areas as may, in the sole judgement of the
DEVELOPER, be necessary or desirable except that the DEVELOPER
shall have no right to change or alter the use of the lots within
the Subdivision.
24. Whenever used herein, the word "DEVELOPER" is deemed
to mean LANDMARK ORGANIZATION, INC. (LOI),
assigns. its successors or
25. THESE RESTRICTIONS APPLY ONLY TO SECTION 2,
MEADOWBROOK SUBDIVISION, AS THE SAME IS SHOWN ON THE MAP REFERENCED
ABOVE, AND NOTHING HEREIN IS INTENDED, NOR SHALL BE DEEMED, TO BE
A REPRESENTATION, WARRANTY, COVENANT OR PROMISE THAT THESE
RESTRICTIONS APPLY OR SHALL APPLY TO ANY OTHER REAL PROPERTY OWNED
BY DEVELOPER IN THE VICINITY OR AREA OF SAID DEVELOPMENT.
DEVELOPER FOR ITSELF, ITS SUCCESSORS AND/OR ASSIGNS, DECLARES THAT
SECTION 2, MEADOWBROOK SUBDIVISION, IS NOT PART OF ANY OVERALL PLAN
FOR THE DEVELOPMENT OF THE REAL PROPERTY DESCRIBED HEREIN, AND THAT
THE REMAINDER OF SAID PROPERTY MAY AND CAN BE USED, DEVELOPED,
CONVEYED AND/OR IMPROVED FOR PURPOSES AND SUBJECT TO RESTRICTIONS
OTHER THAN AS SET OUT HEREIN.
IN TESTIMONY WHEREOF, LANDMARK ORGANIZATION, INC., the
DEVELOPER, has caused this instrument to be signed in its name by
its President, sealed with its co porate seal, and attested by its
Secretary, this _&Z day of
1992.
• o GNNIZA r ci
i
�� •'�Q 0 R.4 T • 'L�"
w � -
j(CORPORA,TF�Q EAL )
,z. ,..j %_ Sec etary
LANDMARK ORGANIZATION, INC.
BY: L,✓
Pres dent
5

NORTH �CCAROLINA
/yX,✓ h/W4oMr COUNTY
BOOK PAGE
✓oti� c
1635 0627
, a Notary Public of they
State and County aforesaid, certify that _ ��6i/ 141. /c0fi9A7-
personally came before me this day and acknowledged that he is
ASf� rIr secretary of LANDMARK ORGANIZATION, INC., a North Carolina
corporation with its principal office.in New Hanover County, and
that by authority duly given and as the act of the corporation, the
foregoing instrument was signed in its name by itsyllresident,
sealed with its corporate seal, and attested by himself as its
R55e'f*,r secretary.
ITNESS my
My commission expires:
a -ag- 9�4
NORTH CAROLINA
COUNTY OF NEW HANOVER
hand and official seal this = day of
1992.
r
'',.•' � D. SN11 ' i
BAR
otary Public. _.—
•�'�•.yANOVEB r0o"'
The foregoing certificate of _., ,J �,
a Notary Public of /l1 JM�zft ,
F'��� "������z County, North Carolina,
is certified tobecorrect.
This the / day of _ QVy p,,, ��t.."
1992.
MARY SUE OOTS, REGISTER OF
DEEDS OF NEW HANOVER COUNTY
BY: 9
Deputy
6